2010 New York Code
TRA - Transportation
Article 6 - (136 - 147) MATTERS RELATING TO ALL MOTOR CARRIERS
145 - Penalties and forfeitures for violations.

§ 145. Penalties and forfeitures for violations. 1. Any certificate or
  permit  may,  after  a  hearing,  be  suspended,  cancelled,  revoked or
  modified, in whole or in part, for failure to comply with the provisions
  of this chapter or with any lawful rule,  order  or  regulation  of  the
  commissioner  promulgated  hereunder  or  with  any  term, condition, or
  limitation of such certificate  or  permit  or  for  failure  to  render
  reasonably  continuous  service  within  the scope of the certificate or
  permit.
    2. The commissioner may upon  complaint  or  upon  the  commissioner's
  initiative  without  complaint  institute proceedings to revoke, cancel,
  suspend or modify any certificate or  permit  issued  pursuant  to  this
  chapter  after  a  hearing  at  which  the holder of such certificate or
  permit  and  any  person  making  such  complaint  shall  be  given   an
  opportunity  to  be  heard.  Provided,  however,  that  any order of the
  commissioner  revoking,  cancelling,   suspending   or   modifying   any
  certificate or permit shall not become effective until thirty days after
  the  serving  of  notice  thereof upon the holder of such certificate or
  permit, unless the commissioner determines that the continued holding of
  such certificate or permit for such period  would  be  contrary  to  the
  public  interest.  Hearings  shall  be held in such manner and upon such
  notice as may be prescribed by  rules  of  the  commissioner,  but  such
  notice  shall be of not less than ten days and shall state the nature of
  the complaint.
    3. In addition to, or in lieu of, any  sanctions  set  forth  in  this
  section,  the commissioner may, after a hearing, impose a penalty not to
  exceed a maximum of five thousand dollars in any one proceeding upon any
  person if the commissioner finds that such person or officer,  agent  or
  employee  thereof  has  failed  to  comply with the requirements of this
  chapter or any rule, regulation or order of the commissioner promulgated
  thereunder. If such penalty is not paid within four months,  the  amount
  thereof  may  be entered as a judgment in the office of the clerk of the
  county of Albany and in any other county in which  the  person  resides,
  has  a  place  of  business or through which it operates. Thereafter, if
  said judgment has not been satisfied within ninety days, any certificate
  or permit held by any such person may be revoked upon notice but without
  a further hearing.  Provided, however, that if a person shall apply  for
  a  rehearing  of  the  determination  of  the  penalty  pursuant  to the
  provisions of section eighty-nine of this chapter, judgment shall not be
  entered until a determination has been made on  the  application  for  a
  rehearing. Further provided however, that if after a rehearing a penalty
  is  imposed  and such penalty is not paid within four months of the date
  of service of the rehearing decision, the amount of such penalty may  be
  entered as a judgment in the office of the clerk of the county of Albany
  and  in  any  other  county  in which the person resides, has a place of
  business or through which it operates. Thereafter, if said judgment  has
  not been satisfied within ninety days, any certificate or permit held by
  any  such  person  may  be  revoked  upon  notice  but without a further
  hearing.
    4. If after notice and opportunity to be heard, the commissioner shall
  find that any person or  persons  is  or  are  providing  transportation
  subject  to regulation under this chapter without having any certificate
  or permit, or is  or  are  holding  themselves  out  to  the  public  by
  advertising  or  any  other means to provide such transportation without
  having any  certificate  or  permit  or  approval  from  a  city  having
  jurisdiction   pursuant   to   section   eighty  of  this  chapter,  the
  commissioner may notify the  commissioner  of  motor  vehicles  to  that
  effect  and  the  commissioner of motor vehicles shall thereupon suspend
  the registration  or  registrations  of  all  motor  vehicles  owned  or

operated  by such person or persons except private passenger automobiles
  until such time as the commissioner of transportation  may  give  notice
  that the violation has been satisfactorily adjusted. The commissioner of
  motor  vehicles  shall  have  the  authority  to  deny a registration or
  renewal application to any other person for the  same  vehicle  and  may
  deny  a  registration or renewal application for any other motor vehicle
  registered in the name of the applicant where  it  has  been  determined
  that  such  registrant's  intent  has been to evade the purposes of this
  subdivision and where the commissioner of motor vehicles has  reasonable
  grounds  to  believe  that  such  registration  or renewal will have the
  effect of defeating the purposes of this subdivision. The  procedure  on
  any  such  suspension  shall  be the same as in the case of a suspension
  under the vehicle and traffic law. Operation of any motor vehicle  while
  under   suspension  as  herein  provided  shall  constitute  a  class  A
  misdemeanor.
    5. Any person, whether  carrier,  passenger,  shipper,  consignee,  or
  broker,  or  any officer, employee, agent or representative thereof, who
  shall knowingly offer, grant or give or solicit, accept, or receive  any
  rebate,  concession  or  discrimination in violation of this chapter, or
  who by means of any false statement or representation, or by the use  of
  any  false  or  fictitious bill, bill of lading, receipt, voucher, roll,
  account, claim, certificate, affidavit, deposition,  lease  or  bill  of
  sale,  or  by  any  other means or device, shall knowingly and willfully
  assist, suffer or permit any person or persons to obtain  transportation
  of  property  or  passengers  subject  to this chapter for less than the
  applicable  rate,  toll  or  charge,  or  who,  with  respect   to   the
  transportation   of   household  goods,  shall  knowingly  or  willfully
  misrepresent the applicable rate for transportation or the weight  of  a
  shipment  or  the  cost  of  transportation to the shipper, or who shall
  knowingly and willfully by any such means or otherwise fraudulently seek
  to evade or defeat regulation as provided for in this chapter, shall  be
  guilty  of  a  misdemeanor and upon conviction thereof be fined not more
  than five hundred dollars for the first offense and not  more  than  two
  thousand dollars for any subsequent offense.
    6. Any person who shall provide transportation for compensation within
  the  state,  or hold himself or herself out to the public by advertising
  or  any  other  means  to  provide  such   transportation,   when   such
  transportation  requires  either  the  permission  or  approval  of  the
  commissioner, or the permission,  approval  or  franchise  of  any  city
  having regulatory jurisdiction over such transportation and who does not
  possess a valid permit, certificate or approval for such transportation,
  from  the  commissioner  or from such city, shall be guilty of a traffic
  infraction punishable by a fine of not less than five  hundred  and  not
  more  than  one  thousand  dollars for the first offense. A violation of
  this subdivision by a person who has previously been convicted  of  such
  offense  within  five  years of the violation shall be a misdemeanor and
  shall be punishable by a fine of not less than one thousand and not more
  than twenty-five hundred dollars, or by imprisonment for not  more  than
  sixty  days, or by both such fine and imprisonment. Upon conviction as a
  second or subsequent offender as described herein the  court  may  order
  forfeiture  of any right, title or interest held by the defendant in any
  motor vehicle used in the commission of such  offense  pursuant  to  the
  provisions  of  subdivision seven of this section. In addition to, or in
  lieu of, any sanction set forth in this  subdivision,  the  commissioner
  may,  after  a  hearing,  impose  a  penalty equal to the gain or profit
  derived from transportation services  conducted  in  violation  of  this
  subdivision.    Any  person  holding regulatory authority or a franchise
  from either the commissioner or any city having regulatory  jurisdiction

over such transportation, or any public transportation authority created
  pursuant to title nine, eleven, eleven-A, eleven-B, eleven-C or eleven-D
  of  article  five  of the public authorities law, who is being adversely
  affected  by  a  person  providing  transportation  without  having  the
  necessary regulatory authority or franchise from the commissioner or any
  such city, may bring suit in his, her or its own behalf to restrain such
  person and recover damages resulting from the actions of such person.
    7. (a) Whenever it appears that any person is violating the provisions
  of subdivision six of this  section,  the  commissioner  acting  by  the
  attorney  general,  or  the  city  acting by its corporation counsel, or
  designee, may bring suit against such person in any court  of  competent
  jurisdiction  to restrain such person from continuing such violation. In
  any such suit, the  court  shall  have  jurisdiction  to  grant  to  the
  commissioner or city without bond or other undertaking, such prohibitory
  or  mandatory  injunctions as the facts may warrant, including temporary
  restraining orders and preliminary or permanent injunctions, and to levy
  upon the gain or profit that may be subject to  a  penalty  pursuant  to
  subdivision  six  of  this  section.  In cities with a population of one
  million or more, the police department shall have  the  power  to  issue
  summonses  for  violations  of subdivision six of this section and those
  summonses shall be adjudicated according to the  rules  and  regulations
  set  forth  in article two-A of the vehicle and traffic law. The hearing
  officer  responsible  for  adjudication  of  any   violation   of   such
  subdivision  six  shall  review the record of any person found guilty of
  violating such subdivision six to determine whether or not  that  person
  has  a  prior  conviction under such subdivision six.  After a review of
  the record, if it is found that there has been a prior  conviction,  the
  hearing officer shall refer the matter to the appropriate local criminal
  court for prosecution under this article.
    (b)  Any  person  convicted  as  a  third  or  subsequent  offender as
  described in subdivision six shall be subject to a court order divesting
  him of any right, title or interest in any motor  vehicle  used  in  the
  commission  of the offense. An action for forfeiture may be commenced by
  the attorney general on behalf of the commissioner  or  the  corporation
  counsel  or  designee on behalf of the city in any superior court in the
  county of conviction. The defendant shall have a right  to  a  trial  by
  jury  on any issue of fact. The plaintiff in the forfeiture action shall
  have the burden of proof by clear and convincing evidence on such issues
  of fact.
    (c) Any order of forfeiture issued pursuant to this subdivision  shall
  include  provisions  for the disposal of the property found to have been
  forfeited. Such provisions shall be directed to the attorney general  or
  corporation counsel or designee as the case may be, and may include, but
  are  not  limited  to,  an  order directing that the property be sold in
  accordance with provisions of article fifty-one of  the  civil  practice
  law  and  rules. Net proceeds of the sale shall be paid into the general
  fund of the state or city, as the  case  may  be,  less  all  costs  and
  attendant  expenses  of seizure, storage and forfeiture, as the case may
  be, which shall be paid  to  the  office  of  the  attorney  general  or
  corporation  counsel  in  the appropriate case notwithstanding any other
  provisions of law.